Monroe v. Kijakazi

Opinion

1 2 3 6 7 SEAN EVERETT MONROE, Case No. 20-cv-07295-SK 8 Plaintiff, 9 y. ORDER REGARDING STANDING 11 Defendant. 12 In his motion for summary judgment, Plaintiff makes a constitutional challenge to the 5 13 || administrative proceedings. It is not clear whether the parties have squarely addressed whether S 14 || Plaintiff has the standing to raise this challenge. Regardless of whether the parties address 3 15 || standing, “[flederal courts are required sua sponte to examine jurisdictional issues such as a 16 || standing.” Bernhardt v. County of Los Angeles, 279 F.3d 862, 868 (9th Cir.2001) (citations 3 17 || omitted). Therefore, the Court has “both the power and the duty to raise the adequacy of 18 [Plaintiffs] standing sua sponte.”. In the interest of fairness, the Court will provide the parties an 19 Opportunity to brief whether Plaintiff has standing to assert the constitutional concern at issue. By 209 no later than January 21, 2022, Plaintiff shall file a brief of no more than five pages to address standing. Defendant shall file a response of no more than five pages by no later than January 28, 9 2022. 24 Dated: January 14, 2022 . . 0s _ Attn (ww SALLIE KIM 26 United States Magistrate Judge 27 28